March 9 CBP Bulletin Proposes to Revoke Rulings on Baby Wipe Case, Footwear
In the March 9 issue of the CBP Customs Bulletin (Vol. 50, No. 10) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for baby wipe cases and footwear.
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Comments on Proposals Due April 8
CBP said consideration will be given to any written comments received by April 8 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Baby Wipe Case
| Item: A two-piece case for baby wipes. |
| Current: 4202.99.9000, 20%, (Other bags and containers, other, other, other.) |
| Proposed: 4202.92.9060, 17.6%, (Other containers or cases, with outer surface of sheeting of plastic.) |
| Reason: The ruling indicated the essential character of the merchandise is imparted by the molded plastic case. This description of the subject merchandise was inaccurate description of the sample submitted, thereby resulting in a misclassification of the subject merchandise. |
| Proposed for revocation: NY N247516 (2013) |
| Proposed new ruling: HQ H257222 |
Footwear
| Item: Nike Studio Wrap Pack collection of footwear articles |
| Current: Not classifiable as a set. |
| Proposed: Classifiable as a set under 6404.19.39, 37.5%, (Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Footwear with outer soles of rubber or plastics: Other: Footwear with open toes or open heels; footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except footwear of subheading 6404.19.20 and except footwear having a foxing or foxing-like band wholly or almost wholly of rubber or plastics applied or molded at the sole and overlapping the upper: Other: Other.) |
| Reason: The Nike Studio Wrap Pack are put up together for use in a single purpose or activity. Specifically, they are designed for use in conjunction with one another to provide foot protection and floor traction during yoga, pilates, and barre exercises. CBP determined that the Foot Wraps and Flats are equally important to the essential character of the Studio Wrap Pack, but by application of GRI 3(c), determined the pack to be classifiable in heading 6404 based on the Flats. |
| Proposed for revocation: NY N239002 (2013) |
| Proposed new ruling: HQ H270377 |